About Appealing on a UK Visa

Written by ellen goodlett
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Either you or someone you know has been denied a visa to enter the United Kingdom. You may not even know why you were denied. Don't throw up your hands just yet. You may be eligible to appeal on a U.K. visa, but you'll need to understand the process.

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Eligibility

The most common applications that have full rights to appeal are either family-visit visas or visas to settle permanently with family already in the U.K. Family includes spouses, dependents, dependent children of spouses, and fiances of permanent residents or citizens of the U.K, as well as some other blood relatives.

If you applied for and were denied another kind of visa, such as a temporary or permanent worker visa or an extended or working holiday visa, you may not have appeal rights. But if you do have a right to appeal, it will be stated on the written notice of visa denial.

How to Appeal

If you were granted full rights of appeal, the Entry Clearance Officer will provide you the following documents: a written notice of refusal, which will tell you why your visa was denied; a notice of appeal (form AIT-2), which you must fill in explaining why you don't believe you should have been denied; and a pamphlet that will explain how to fill out the AIT-2. If you have any supporting documents that you did not include in your original application but wish to include now, mail or deliver them along with the form AIT-2.

Where to Appeal

If you were denied at a port of entry to the U.K., you can apply directly to the Asylum and Immigration Tribunal (AIT). The Entry Clearance Manager will review any new evidence you supply in your appeal and may grant your appeal right then.

If a British mission overseas denied your visa application, you can deliver your appeal form to the same visa section that issued the denial. The visa section will send your appeal form to the AIT, and you will receive notification of its success or failure.

Time Frames

You must return your AIT-2 form -- the notice of appeal -- to the AIT or to the British visa section where your visa was denied within 28 days of receiving your notice of refusal. If your application was to visit the U.K., your appeal may take four to six months to process. If your application was to settle permanently in the U.K., your appeal will take longer. There is no cost to appeal, but even if your appeal is denied, you cannot be refunded the cost of your visa application.

Process of Appeal Applications

Once the AIT has received your appeal form, they will send you a notice of receipt, via the visa section that refused your application. Once the visa section receives this notice of receipt, the Entry Clearance Manager will review the decision to deny your visa, based on evidence you provided in your form AIT-2, along with any new supporting documents you provided.

If the Entry Clearance Manager is satisfied that your application now meets the requirements for entry, he will overturn the decision to deny you, and your clearance to enter the U.K. will be issued. If the Entry Clearance Manager does not overturn the decision, an Entry Clearance Officer will write a statement explaining why the decision to refuse your visa was upheld. This will be mailed to you by the AIT.

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